Manuel and Paulo owned adjacent ranches in Scorpion Desert. Manuel Ranch was to the north of Paulo Ranch, and deeper into the canyon; the only public road in the area ran along the southern border of Paulo Ranch. For years, Manuel and Paulo had had an understanding that Manuel could use a ten-foot wide dirt road running along the western edge of Paulo’s ranch for ingress and egress to Manuel Ranch from the public road. In 1965, Jose bought both ranches but continued to operate them as separate entities; the foreman and hands of Manuel Ranch continued to use the dirt road across Paulo Ranch to get from Manuel Ranch to the public road. In 1975, Jose sold Manuel Ranch to Alejandro; included in the deed was the following: “Alejandro, his heirs and assigns, shall have the use of the dirt road running along the western border of Paulo Ranch for ingress and egress to Manuel Ranch.”

Assume for the purposes of this question only that Jose did not sell Paulo Ranch to Pedro. Instead, in 1987 Jose sold Paulo Ranch to Raul, who continued to operate it as a ranch. In 1989, Pedro purchased Manuel Ranch from Alejandro, and obtained government approval for the same type of planned residential community as described in the previous question. In order to accommodate the expected vehicular traffic in and out of the subdivision, Pedro asked permission from Raul to pave a 30 foot-wide asphalt road along the same area where the dirt road runs. Raul denied Pedro permission, and Pedro instituted an appropriate action to obtain judicial approval for the road improvement. If Raul succeeds in resisting Pedro’s action, it will be because: